Income taxation of annuities*
Income taxation of premiums
Generally, premiums (either a single payment or monthly installments paid over the course of many years) that you pay into an annuity are nondeductible. In other words, by placing funds within an annuity, you will not receive any current income tax savings, except that earnings on the funds within the annuity will be tax deferred.
Income taxation of earnings on funds within the annuity (cash value buildup)
Generally, the earnings within an annuity accumulate income-tax deferred, and the annuity owner will not be subject to income tax on such earnings until the earnings are withdrawn.
Income taxation of distributions from an annuity
Distributions (partial surrenders, full surrenders, or annuitization payments) that are categorized as earnings are treated as ordinary income for tax purposes. The income tax treatment of distributions from an annuity contract may vary based on the type of distribution method selected and date the annuity contract was entered into.
Income taxation of partial surrenders
If an annuity contract was entered into after August 13, 1982, a partial surrender of the annuity is taxed under the interest-first rule. The interest-first rule treats the partial surrender as coming from the earnings portion of the annuity first (until all the earnings have been withdrawn), not the principal. As a result, the partial surrender that is from earnings is included in the annuity holder’s gross income and is fully taxable.
If an annuity contract was entered into prior to August 14, 1982, a partial surrender of the annuity is generally taxed under the cost-recovery rule. The cost-recovery rule treats the partial surrender as coming from the investment in the contract first (until all the investment in the contract has been exhausted). The remainder of the partial surrender, if any, is treated as coming from the earnings on the contract and is treated as ordinary income.
Income taxation of complete surrenders
If an annuity holder completely surrenders an annuity, the holder is subject to income tax on the untaxed earnings that are the difference between the cash surrender value of the contract and the net investment in the contract.
Calculating a loss on an annuity contract
An annuity holder may suffer a loss if he or she sells or surrenders a variable annuity for less than its cost basis. This may occur if the market experiences a downturn and the value of the investment decreases.
Income taxation of annuity payments
The tax code treats payments received as an annuity as being divided into two parts: a nontaxable portion that represents the return of the premiums paid into the annuity and a taxable portion that represents the earnings on the annuity. As a result, only a portion (i.e., the premiums paid into the annuity) is excluded from the annuity owner’s gross income. The portion of each annuity payment that is excludable is determined by multiplying the number of payments received each year by an exclusion ratio. The fixed annuity exclusion ratio equals:
The annuity holder’s investment in the contract (at the annuitization starting date) divided by the expected return.
Section 1035 exchanges and partial exchanges
In general, under IRC Section 1035, you can exchange one annuity for another without the immediate recognition of any gain or loss. The exchange can be a complete exchange of one policy for another, or a partial exchange involving the direct transfer of a portion of funds invested in an existing annuity contract to a new annuity contract. However, to obtain this favorable tax treatment, the exchange must satisfy the requirements for a Section 1035 exchange.
Income taxation when gifting an annuity
There are two ways for an annuity owner to make a gift of an annuity to another individual:
- The annuity holder can surrender the annuity and give the cash to the individual. However, this method of gifting an annuity will result in the annuity owner being subject to income tax on the untaxed earnings (the cash surrender value of the contract minus the net investment in the contract). In addition, surrendering the annuity and giving away the cash deprives the individual receiving the gift of the ability to continue accumulating tax-deferred interest within the annuity.
- The annuity owner can transfer ownership of the annuity contract to the individual. After the transfer, the annuity contract will continue to exist, with the individual receiving the annuity as the new owner. However, this method of gifting an annuity also generally has immediate tax implications for the transferor. If the transfer involves an annuity contract that was issued after April 22, 1987, the transferor of the annuity is treated as having received income equal to the difference between the cash surrender value of the contract at the time of the gift and his or her net investment in the contract.
The tax rules for a transfer involving an annuity issued before April 23, 1987, are a bit more complicated. The transferor of the annuity is taxed on any gains from the annuity in the year the contract was surrendered by the individual receiving the gift, not in the year when the gift was actually made.
Natural person requirement
Prior to 1986, the earnings within an annuity were tax deferred regardless of whether the owner of the annuity was a natural person. In 1986, Congress enacted legislation that, among other things, prevented corporations and certain entities from benefiting from the tax-deferred treatment granted to annuities. If a contribution is made to an annuity after February 28, 1986 that is owned by a corporation or other entity that is not considered to be a natural person, the earnings each year on the funds within the annuity are generally included in the owner’s taxable income. However, the non-natural person rule does not apply when an annuity contract is held by a trust, corporation, or other non-natural person as an agent for a natural person. In other words, the contract will be treated as an annuity, and the earnings within the annuity will be tax deferred. In addition, it is important to keep in mind that the non-natural person rule does not apply to certain types of annuities, including any that are:
- Acquired by a person’s estate at the person’s death
- Held under a qualified retirement plan, a tax-sheltered annuity (TSA), or an individual retirement account
- Purchased by an employer upon the termination of a qualified retirement plan or TSA program and held by the employer until all amounts under the contract are distributed to the employee for whom the contract was purchased (or his or her beneficiary)
- An immediate annuity (i.e., an annuity purchased with a single premium that begins payments within a year of the date of the purchase of the annuity and provides for a series of substantially equal periodic payments, to be made not less frequently than annually, during the annuity period)
- A qualified funding asset (i.e., an annuity contract issued by a licensed insurance company that is purchased to fund payments for damages that result from personal physical injury or sickness)
Estate taxation of annuities
Generally, the value of an annuity contract is includable in the deceased policyowner’s gross estate. If the annuity holder dies before payments begin under the contract, the value of the annuity is equal to the accumulated cash value. If payments have begun at the time of the annuity holder’s death, it is the value of the remaining payments, if any, under the contract.
If the annuity is owned jointly by individuals who are not married, then the value included in the gross estate is based on each owner’s respective contributions.
If the joint owners are married, then half of the value is included in each spouse’s gross estate.
Gift taxation of annuities gifted after the annuitization starting date
If you gift an annuity, you may have to pay federal gift tax on the value of the gift. If an individual purchases an annuity and then immediately gifts the annuity to another individual, the value of the gift is considered to be the cost of the annuity contract. If the purchaser of the annuity contract holds the contract for a period of time before gifting it to another individual, and additional payments are required to keep the contract in place, determining the value of the gift is a bit more complicated. The value of the gift is equal to the sum of the interpolated terminal reserve value and the proportionate part of the most recent premium payment that covers the period extending beyond the date of death.
Scarlet Oak Financial Services can’t give tax advice and will always recommend that you speak with an accountant, CPA, or tax advisor for specific questions concerning your tax situation.
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Source:
Broadridge Investor Communication Solutions, Inc. prepared this material for use by Scarlet Oak Financial Services.
Broadridge Investor Communication Solutions, Inc. does not provide investment, tax, legal, or retirement advice or recommendations. The information presented here is not specific to any individual’s personal circumstances. To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on individual circumstances. Scarlet Oak Financial Services provide these materials for general information and educational purposes based upon publicly available information from sources believed to be reliable — we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.